State LGBT Advocacy Webinar
May 9, 2018
2:00 pm – 3:00 pm EST
Housekeeping: Webinar Format
• Screen view of presentation slides only; not presenters
• Participant mics are muted
• 1 hour in length
• 50 minutes for speakers
• 10 minutes for questions and comments
Housekeeping: GoToWebinar Attendee Participation
• Join audio:
• Chose Mic & Speakers to use VoIP
• Chose Telephone and dial in using the number provided
• Submit questions and comments via the Question panel
• Use the hand icon to raise your hand
• Note: Today’s presentation is being recorded and will be provided online in about a week
Leo Rennie, MPH
Senior Legislative and Federal Affairs Officer in the APA Public Interest Government Relations Office
• How APA’s government relations work is structured and prioritization among the Government Relations Offices of the four APA Directorates
• An overview of healthcare and budget as pertaining to sexual and gender minorities
• The state of data collection about sexual orientation and gender identity in federal data collection
Cathryn Oakley, JD
State Legislative Director and Senior Counsel, Human Rights Campaign
• Advises legislators and advocates working to enact laws that further LGBTQ equality
• Focuses on passing non-discrimination laws at the state and local levels and combatting anti-LGBTQ legislation in state legislatures.
• Earned law degree from the George Mason University School of Law and is a member of the Virginia Bar and bachelor’s degree in Economics from Smith College.
Ronald Schlittler, MIPP
Program Coordinator for the APA Office on Sexual Orientation and Gender Diversity
• Moderator
• APA entities and state level LGBT issues
• Office on Sexual Orientation and Gender Diversity
• State psychological associations
• Society for the Psychological Study of Lesbian, Gay, Bisexual, and Transgender Issues (Division 44) Public Policy Committee
• APA Practice Directorate State Advocacy Director
• Public Interest Government Relations Office
APA Entities Coordinating on State Level MattersThe Office on Sexual Orientation and Gender Diversity monitorsLGBT related legislative issues at the state level and:
▪ Communicates and coordinates with the state psychologicalassociations, the Division 44 Public Policy Committee the APAPractice Directorate’s Director of State Advocacy and the APAPublic Interest Government Relations Office;
▪ Provides technical support to state psychological associations intheir advocacy efforts, which includes directing to relevant APAPolicy Resolutions and resources and facilitating strategicnetworking.
Federal Advocacy: Synergies with State LGBT Advocacy
Executive
Legislative The Equality Act
Every Child Deserves A Family Act
LGBT Inclusion Act
First Amendment Defense Act
Therapeutic Fraud Protection Act
Regulatory and Administrative• Religious refusal
ACA anti-discrimination provisions
DOJ opinions and guidance• Trans civil rights protections
Federal budget & safety net programs
LGBTQ-RELATED
LEGISLATION IN
THE STATES
TRENDS IN POLICY AND
TIPS FOR ADVOCACY
Cathryn Oakley, State Legislative Director and Senior Counsel
THE LANDSCAPE:
2015-2017
• LGBTQ people are not explicitly included in the Civil Rights Act• Do have some non-discrimination protections at the state level
• Concerted attempt to roll these protections back, freeze status quo where our opponents are able
EXISTING STATEWIDE NON-DISCRIMINATION
PROTECTIONS
Employment
THE LANDSCAPE
2015-2017
• Unprecedented onslaught of anti-LGBTQ bills starting in 2015– Sustained emphasis on licenses to discriminate– Increasing interest in bills singling out the transgender community– Increased interest in bills targeting youth (child welfare services, schools, health
care)• Approximately 500 anti-LGBTQ bills introduced total over the last
three years– Around 32 passed into law– “Kill” rates of more than 90%
ANTI-LGBTQ LEGISLATION
2015-2017
0
50
100
150
200
250
2015 2016 2017
177
250
129
155
1218
50 45
0 2 2
Anti-LGBTQ bills introduced Anti-LGBTQ bills passed
Anti-transgender bills introduced Anti-transgender bills passed
8% pass rate
10% of bills are
anti-trans
2% pass rate
20% of bills are
anti-trans
9% pass rate
35% of bills are
anti-trans
2018Total Intro: ~110+
Anti-trans intro: 26+Passed: 0
TAKING THE GOOD WITH THE BAD
2015-2017
0
100
200
300
400
500
600
2015 2016 2017
451
506
159
8048
25
177
250
129
15 8 12
Pro-Equality Bills Introduced Pro-Equality Bills PassedAnti-LGBTQ Bills Introduced Anti-LGBTQ Bills Passed
Source: 2017 State Equality Index
TAKING THE GOOD WITH THE BAD
332
478 470
371 359
215
451
506
159
50 5070
50 5639
8048
25
69
116132
109 99 85
177
250
129
4 4 11 8 11 8 15 8 120
100
200
300
400
500
600
2009 2010 2011 2012 2013 2014 2015 2016 2017
2009-2017
Good Intro Good Pass Bad Intro Bad Pass
TAKING THE GOOD WITH THE BAD
0
10
20
30
40
50
60
70
80
90
2009 2010 2011 2012 2013 2014 2015 2016 2017
Pass Only 2009-2017
Good Pass Bad Pass
DEEPER DIVE INTO TRENDS
Rush of 125+ anti-LGBTQ bills
In anticipation of the Obergefell ruling
250+ anti-LGBTQ billsIn reaction to the Obergefell ruling
129 billsHigher passage rate
than in previous years (<10%)
Particular focus on children
So far:On track to have
same number of anti-LGBTQ bills as last
yearContinued focus on
children
Approximately 500 anti-LGBTQ bills introduced total over the last three years
Broad religious refusals > Anti-transgender > Narrower religious refusals
TRENDS FROM 2017
WHERE WERE ANTI-LGBTQ BILLS
FILED IN 2017
TRENDS IN BILLS PASSED IN 2017
3
2
2
1
1
3
License to discriminate in child welfare services
School religious carveout
Anti-transgender
HIV criminalization
Anti-marriage equality
Health religious refusal
• Of the 12 anti-LGBTQ bills passed into law, 5 were directly related to children and schools
• “Disregarding the Best Interest of the Children: Licenses to Discriminate in Child Welfare Services”
ANTI-LGBTQ BILLS PASSED IN 2017 RELATED TO
CHILDREN AND SCHOOLS
Alabama: HB 24 allows privately-funded, state-licensed adoption and foster care agencies to reject qualified prospective parents
Florida: HB 303/SB 436 allows discrimination in schools
Kentucky: SB 17 allows student groups at high schools and universities to discriminate against LGBTQ students
South Dakota: SB 149 allows discrimination by adoption and foster care agencies
Texas: HB 3859 allows child welfare organizations to turn away qualified parents seeking to care for a child in need, and to refuse to provide services to children in their care, on the basis of religious belief
SELECT PRO-EQUALITY LAWS PASSED IN 2017
BANS ON CONVERSION THERAPY
Connecticut New Mexico
Nevada Rhode Island
IMPROVED BIAS-CRIMES LAWS
Colorado Illinois
TRENDS (SO FAR)
IN 2018
• Landscape has shifted tremendously in last year – major difference in the way that state legislatures are responding to developments at federal level
• Backlash to federal developments: Masterpiece
• Significant number of anti-LGBTQ and pro-equality bills• So far, have seen an emphasis on bills creating licenses to
discriminate in the provision of child welfare services• Still early in legislative session!!
BILLS IN 2018 SO FAR
14 14
EARLY NUMBERS
• 38 state legislatures in session (several have already adjourned)
• At least 110 anti-LGBTQ bills introduced– Many states of concern, including Georgia,
Iowa, Oklahoma, Tennessee, Kentucky, Kansas– Continued focus on children – LTD in CW– Novel anti-trans health bills
• At least 169 pro-equality bills introduced– Continued momentum behind conversion
therapy (Washington, Hawaii, Delaware, New Hampshire, Maine)
– Non-discrimination – New Hampshire, Ohio
TYPES OF LICENSES TO DISCRIMINATE
ON THE BASIS OF RELIGIOUS BELIEF
RFRA“Religious Freedom
Restoration Act”• A balancing test• Applies to any
individual or organization whose exercise of religion is “substantially burdened” by a law
• To survive, the law must be driven by a “compelling government interest” and must be the “least restrictive means’ of achieving that interest
FADA“First Amendment
Defense Act”
• A blanket exemption, no balancing test
• Prevents any recourse if any taxpayer-funded program engages in discriminatory behavior, so long as that behavior is motivated by religious belief• Subsets:
• LTD in Child Welfare• Anti-all
comers/limited public forum bills
• School counselors
Wedding CarveoutsIncluding Masterpiece
• May allow to refuse to participate in wedding-related services when the wedding is contrary to the person’s religious belief.
• May carve out new religious exemptions from existing law so that a business offering wedding services can turn same-sex couples away.
• Can extend beyond wedding services
6
12
1
7 28
TYPES OF ANTI-TRANS BILLS:
Prevent transgender people from using public facilities that accord with their gender identity
Prevent or effectively prevent transgender people from accessing medically-necessary health care or other services
Make gender and name changes on identification documents more onerous
Harm transgender youth by prohibiting the recognition of their gender identity in school sports and activities
Allow individuals and businesses to discriminate against LGBTQ people based on their religious or moral objections
• Likely more sector-specific (child welfare services, education)• Masterpiece reaction - service refusals in places of public accommodation, particularly as
the question of wedding-related services is in the news with the Masterpiece case at the U.S. Supreme Court
• Bills aiming to create new licenses to discriminate may be combined with or supplemented by municipal preemption bills, such as North Carolina’s HB2/HB142
20
5
1
~30
HOW YOU CAN
ADVOCATE
• The messenger matters!• Debunk the bad “science” and harmful messaging from opponents.• Many layers of advocacy – it isn’t all marches and TV interviews.• Be aware of consequences of legislation for your clients.• Understand the chipping away/carving out strategy – frog in the pot
analogy.• Particular emphasis on children & care for trans kids means
increased need for this community.
YOUR ADVOCACY MATTERS
• Especially when we’re talking about bills that relate to health care and the welfare of children, there is a particular need for experts to weigh in.
• There is a lot of misinformation out there!• True for both good bills and bad bills.
MANY WAYS TO ADVOCATE
• Sign-on letters– You personally– Your practice– Your networks &
professional associations• Social media – help ensure
that other professionals are aware of what is happening
• Testimony & lobbying• Make sure you stay
informed. For many in our community, the personal is inherently political (our lives and bodies are being regulated). – Be aware of ramifications of
these laws for your patients.– Provide or request more
training!– Connect with HRC for more
information.
NOW IS THE TIME FOR YOU TO ADVOCATE
• All of the anti-LGBTQ legislation we fight against has both substantive and symbolic power.
• Systematic attempt to roll back protections, or ensure we never get them.
• Can’t afford to lose momentum now.
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